Real Estate Law
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Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.
Was this notice from the court, or just from the landlord telling you to move?
Why did you move out if you were doing nothing wrong?
Is there some reason why you didn't challenge their accusations?
Ok, from a purely legal perspective, a notice to vacate is not a legal eviction. It is just a notice that says "if you don't move out, we will evict through the courts". So you weren't legally evicted. You were basically just threatened with eviction if you didn't move.
With that said, if you did vacate and didn't complete the lease terms, then legally you did abandon the lease, but your defense to any claims by the landlord would be that you were complying with their demand that you move. So they can't say that you abandoned the lease when you were simply doing what they asked you to do.
So if they tried to sue you for any rent after you vacated, you can defend on those grounds. You would still owe any rent up until the point that you moved out and they could pursue you for that though.
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Sorry for the delay, had to step out of my office for a bit..
How do I find out if they have filed the papers with the court?
You just call the local court clerk and ask them if an eviction case or a civil case was ever filed with you being a defendant. They can look your name up on their computer to see if a case was ever filed.
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